Tag Archives: false advertising

P&G fails to clean up “natural” suit over baby wipes

Posted on February 7, 2017 by rtushnet

Brenner v. Procter & Gamble Co., No. 16-1093, 2016 WL 8192946 (C.D. Cal. Oct. 20, 2016) Brenner sued on behalf of a putative nationwide class and a California subclass of those who purchased Pampers “Natural Clean” Baby Wipes.  The individual … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Advertising a phone with an unauthorized screenshot of an app doesn’t violate the Lanham Act under Dastar

Posted on February 3, 2017 by rtushnet

Appjigger GmbH v. BLU Products, Inc., 2016 WL 4119720, No. 15–22313 (S.D. Fla. Mar. 7, 2016) Appjigger makes apps, and has an exclusive license for the WP CLOCK software app, which is available both to end users and also for … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Failure to show causation leads court to overturn jury verdict against false advertising

Posted on February 2, 2017 by rtushnet

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdict for ALS, awarding ALS $1.3 … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Amazon escapes liability for ads & emails touting vendors’ infringing products

Posted on January 31, 2017 by rtushnet

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Posted on January 31, 2017 by rtushnet

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Another “omissions about slave labor” case fails in Cal.

Posted on January 30, 2017 by rtushnet

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

False claims of discounts cause Article III injury

Posted on January 30, 2017 by rtushnet

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store signage, and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim

Posted on January 30, 2017 by rtushnet

In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

What’s in the box? Not a valid agreement to arbitrate!

Posted on January 24, 2017 by rtushnet

Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Pipe dreams: expert spokesperson liable for false statements about competing product

Posted on January 23, 2017 by rtushnet

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment